2Interpretation

1. In this Act, unless the context otherwise requires,—

   aerodrome has the same meaning as in the Civil Aviation Act 2023

   aircraft has the same meaning as in the Civil Aviation Act 2023

   animal includes any bird, reptile, amphibian, or insect

   carrier, in relation to any infectious disease, means any person having in his blood, or in his nose or throat, or in his excretions, or in his discharges, the specific infectious agent of that disease, though he may exhibit no other sign or symptom of that disease

   cleansing, in relation to any building, includes lime-washing, papering, painting, and the destruction of vermin

   communicable disease includes any infectious disease, and any other disease declared by the Governor-General, by Order in Council, to be a communicable disease for the purposes of this Act (see subsection (5))

   contact, in relation to any infectious disease, means any person who has been exposed to risk of infection from an infectious disease

   craft means an aircraft, ship, or other device or machine, that can be used to carry or transport people or goods—

   1. by air; or
   2. on or under water

   Director-General means the chief executive under the Public Service Act 2020 of the Ministry of Health; and, in relation to any power or function delegated by that chief executive, includes any person to whom that chief executive has delegated that power or function

   drinking water standards means the standards made under section 47 of the Water Services Act 2021

   dwellinghouse means any building, tent, caravan, or other structure or erection, whether permanent or temporary, that is used or intended to be used in whole or in part for human habitation, and includes the land and any outbuildings and appurtenances belonging thereto or usually enjoyed therewith

   educational institution—

   1. means any place where people gather for the purpose of education or training; and
   2. includes an early childhood education and care centre within the meaning of section 10(1) of the Education and Training Act 2020

   environmental health officer means an environmental health officer appointed under section 28 or a health protection officer

   epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006

   epidemic notice means a notice under section 5(1) of the Epidemic Preparedness Act 2006

   Health New Zealand has the meaning in section 4 of the Pae Ora (Healthy Futures) Act 2022

   health practitioner has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003

   health protection officer means a person designated by the Director-General as a health protection officer under this Act

   health provider means a person or an organisation that provides, or arranges the provision of, personal health services or public health services

   hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

   infectious disease means any disease for the time being specified in Part 1 or Part 2 of Schedule 1

   local authority means a territorial authority within the meaning of the Local Government Act 2002

   medical examination, in Part 3A, means the physical examination or testing of a person for the purpose of determining whether the person has or is likely to have an infectious disease, and includes—

   1. the taking of a sample of tissue, blood, urine, or other bodily material for medical testing; and
   2. any diagnostic tests required to detect the presence of, or immunity to, an infectious disease in a person

   medical examination order means an order made under section 92ZH

   medical officer of health means the medical officer of health appointed under this Act for a health district, and includes any deputy medical officer of health; and, for the purposes of Part 4, includes any medical practitioner acting under the direction of the medical officer of health

   medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

   Minister means the Minister of Health

   Ministry of Health means the department of the public service referred to by that name; and Ministry has a corresponding meaning

   notifiable disease means any notifiable infectious disease, and any disease for the time being specified in Schedule 2

   notifiable infectious disease means any infectious disease for the time being specified in Part 1 of Schedule 1

   offensive trade means any trade, business, manufacture, or undertaking for the time being specified in Schedule 3

   owner, in relation to any land or premises, means the person for the time being entitled to receive the rent of the land or premises, whether on his own account or as the agent of or trustee for any other person, or who would be so entitled if the land or premises were let at a rent, and includes any person for the time being registered under the Land Transfer Act 2017 as owner of the land or premises

   passenger, in relation to a craft means any person in or on it who is not a member of its crew

   personal health has the meaning in section 4 of the Pae Ora (Healthy Futures) Act 2022

   personal health services has the meaning in section 4 of the Pae Ora (Healthy Futures) Act 2022

   potable water means water that—

   1. is safe to drink; and
   2. complies with the drinking water standards

   premises includes any commercial premises, private premises, vehicle, ship, or aircraft

   prescribed means prescribed by this Act or by regulations or bylaws thereunder

   public health has the meaning in section 4 of the Pae Ora (Healthy Futures) Act 2022

   public health order means an order made under section 92Z

   public health risk, in Part 3A and sections 74 and 74AA, means a substantial risk of serious harm that 1 or more individuals who have, or may have, an infectious disease pose to the health or safety of 1 or more other persons because of the infectious disease, having regard to—

   1. the nature of the infectious disease, including, without limitation, the transmissibility and mode of transmission of the infectious disease; and
   2. the relevant circumstances of the particular case

   public health services has the meaning in section 4 of the Pae Ora (Healthy Futures) Act 2022

   quarantinable disease means a disease stated in Part 3 of Schedule 1

   ship includes every description of vessel used in navigation

   smoke includes any fumes, gases, dust, soot, grit, or other matters produced in the process of combustion

   Taumata Arowai means Taumata Arowai–the Water Services Regulator established by section 8 of the Taumata Arowai–the Water Services Regulator Act 2020.

2. If, in any proceedings for an offence against this Act or against any regulations thereunder, a question arises as to whether or not any person is a contact, as defined in subsection (1), the question shall be determined in accordance with the opinion of the medical officer of health.

3. The Governor-General may, by Order in Council, amend Part 3 of Schedule 1 by adding or omitting the name of a disease, or substituting a new name for a disease (see subsection (5)).

4. In this Act, a reference to an individual who has an infectious disease includes an individual who is infected or colonised by, or is a carrier of, an organism capable of causing the disease, even if the individual does not exhibit any of the symptoms of the disease.

5. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

6. an order under the definition of communicable disease in subsection (1):
7. an order under subsection (3).